CS FOR SENATE BILL NO. 218(JUD) "An Act relating to the crimes of murder, manslaughter, and criminally negligent homicide and to homicides of children." BRETT HUBER, staff to the bill's sponsor, Senator Rick Halford was invited to speak to this legislation. His testimony was as follows. "Death of a child is always amongst the greatest of situations. When a child's death results from the commission of a crime, or the failure to provide decent care, the consequences should be certain and the punishment should be severe." "Senator Halford introduced this legislation to give law enforcement, prosecutors and the court additional tools to address crime involving the murder of children." "CS for SB 218 Judiciary makes the following changes to our criminal statutes. It amends the current law by adding a new form of first-degree murder when the death of a child results from the commission or attempted commission of kidnapping or sexual abuse. It also expands the list of offenses constituting felony murder to include sexual abuse of a minor in the first and second degrees. It elevates criminally negligent homicide from a Class C to a Class B felony; establishes a 20 year mandatory minimum sentence for a person convicted of a murder of a child under the age of 16; it increases the mandatory minimum sentence from five to seven years for manslaughter when the victim is a child under the age of 16; and it establishes a new sentencing provision, which allows for a term of unsuspended imprisonment that exceeds the presumptive term for certain felony offenses if the victim is a child under the age of 16." "Our children, societies most vulnerable members, deserve a responsible level of care when entrusted to an adult. This legislation is intended to establish a level of punishment more commensurate with the crime and send a clear message of deterrence: If you kill a child, you're going to jail for a long time." "You'll note in your packet endorsement of this bill by the Alaska Peace Officers Association, The Victims for Justice, and AWAKE." "Mr. Chairman, thank you for the opportunity to testify, I believe you have an amendment for the committee's consideration. I could speak to it if you'd like or I'd be happy to answer questions." Senator Torgerson moved for adoption of the amendment - Amendment #1, to allow the sponsor's representative to speak to it while he was at the table. Senator Adams objected for the same purpose. Mr. Huber's comments on the amendment were as follows. "The amendment was brought to us - a problem that the Department of Law pointed out with our statutes governing Custodial Interference in the First Degree. Currently the custodial interference statutes reads, if you are sending a child away to the other parent on a visitation basis, during that visitation period if the other parent takes the child and removes him from the state and keeps the child past visitation, that's Custodial Interference in the First Degree, which is a felony, which gives the opportunity for our law enforcement agencies to work with other law enforcement agencies in other states and the federal government to find and bring back the child and the parent that took the child." However, currently if you're sending that child outside for visitation, then if past the visitation time that other parent keeps the child, you're in the same situation. But because of the way the statutes are drafted, that doesn't constitute felony first degree. It is a second degree and a misdemeanor. The Department of Law brought this forward." "There is an actual case sited that judge's ruling speaks to the amendment. It says, 'The state argues that the phrase includes any keeper of the child in any other state as the extent of the statute was to enlist the power of federal authorities and to have the power of extradition. The court fully appreciates the need to charge a felony as other states and the federal government will not assist in the return of misdemeanant offendants. However the clear language of AS 11.41.320 and its commentary require the allegation that the defendant caused the victim to be removed from the state. The state's request for a felony warrant is thus denied.'" "This amendment would take care of that situation." Senator Pearce had no problem with the amendment. She expressed surprise that the bill drafter, Jerry Luckhaupt felt that the addition of this amendment would not require a change of title for the bill. Mr. Huber responded that there was a greater degree of latitude of what fit in the title under single subject when dealing with criminal code than other areas of the law. The drafter is comfortable with the amendment, Mr. Huber attested. Senator Adams removed his objection to the adoption of the amendment. Without further objection, Amendment #1 was adopted. The committee began hearing public testimony on the bill. Co-Chair Sharp noted several people in the audience who signed up to answer questions if needed. LAUREE HUGONIN, Director of the Alaska Network on Domestic Violence and Sexual Assault wished to testify and was invited to the table to do so. After introducing herself she spoke to the legislation as follows. "Just a couple of brief comments. The Network is in favor and supports SB 218. We think it is important that people understand that if they are going to chose to commit this heinous act, then they're going to have a penalty to pay that hopefully would give them pause to think." "I don't know about the amendment you just passed. We have not had an opportunity to review that before. I think we would be generally supportive of it, my concern would be if a battered woman needed to flee the state with her child to protect her child, that would be keeping her child outside the state. I haven't had a chance to look at what AS 11.41.330 says so I can't comment on that but we're supportive of SB 218." There were no questions of the testifier and no further discussion by committee members. Senator Phillips moved CS SB 218 (FIN) from committee with the three accompanying zero fiscal notes. There was no objection and Co-Chair Sharp so ordered.